The Supreme Court of India ruled that the pre-2008 Section 79 of the IT Act does not provide immunity to intermediaries from defamation claims under the IPC. The ruling allows the matter to proceed to trial, highlighting the legal responsibilities of intermediaries.
SC Rules on Pre-2008 IT Act’s Section 79 and IPC Defamation
The Supreme Court of India has held that the pre-2008 Section 79 of the Information Technology Act does not protect intermediaries from defamation claims under the Indian Penal Code (IPC). This ruling mandates that intermediary liability can be assessed on a case-by-case basis, and factual issues will be resolved at trial.
This decision clarifies the extent of Section 79's protection, indicating that the law does not grant blanket immunity against defamation claims. The Court underscored that intermediaries are not absolved from responsibility simply based on their status as facilitators of third-party content.
The Supreme Court's interpretation prompts legal practitioners to reassess how intermediaries manage content and their exposure to defamation lawsuits. With the case going to trial, the specifics of the intermediary's actions will play a crucial role in determining liability.
Citations
- Supreme Court of India (2026) 6 SCC 345
